CHAPTER 46-3A
WEATHER MODIFICATION ACTIVITIES
Section
46-3A-1. Definition of terms.
46-3A-2. Sovereign right claimed by state.
46-3A-3. Policy and purpose of regulation.
46-3A-4. Superseded.
46-3A-4.1. Commission abolished - Performance of functions.
46-3A-5. Direction and supervision by department of water and natural resources - Independent functions of water management board.
46-3A-6, 46-3A-7. Superseded.
46-3A-8. Appointment of organization to evaluate effect of operations - Employment of personnel.
46-3A-9. Operations and research activities.
46-3A-10. Cooperation with federal government and other states.
46-3A-11. Utilization of technical resources of schools.
46-3A-12. Contracts and agreements of department - Acceptance of funds.
46-3A-13. Cooperation with counties - County participation.
46-3A-14. Submission to voters of question whether county should participate in program.
46-3A-15. License and permit required to engage in weather modification - Violation of terms as misdemeanor.
46-3A-16. Exemption of experimental and emergency activities.
46-3A-17. Issuance of license to competent applicant - Competence of organization - Application fee.
46-3A-18. Fee required on issuance or renewal of license - Disposition.
46-3A-19. Expiration of licenses.
46-3A-20. Issuance of renewal license.
46-3A-21. Permits issued to licensees - Fee - Publication of notice of intention - Financial responsibility.
46-3A-22. Means of proving financial responsibility.
46-3A-23. Public hearing required before permit issued - Place of hearing.
46-3A-24. Finding of public interest required.
46-3A-25. Permit fee - Disposition.
46-3A-26. Permit required for each operation - Maximum duration of permit.
46-3A-27. Suspension, revocation, or refusal to renew license or permit.
46-3A-28. Modification of permit - Notice and hearing.
46-3A-29. Rules governing weather modification establishing procedures of board.
46-3A-30. Administration by department - Powers retained by water management board.
46-3A-31. Repealed.
46-3A-1. Definition of terms. As used in this chapter:
(1) The term "weather modification" means performing any activity with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere.
(2) The terms "experimentation" and "research and development" mean theoretical exploration and experimentation and the extension of investigative findings and theories of a scientific or technical nature in the practical application for experimental and demonstrative purposes, including the experimental producing and testing of model devices, equipment, materials and processes.
(3) The term "person" means any person, firm, association, organization, partnership, company, corporation, private or public, county, first or second class municipality, trust or other public agencies.
(4) The term "operation" means the performance of weather modification activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding one year.
46-3A-2. Sovereign right claimed by state. It is hereby declared that the state of South Dakota claims its sovereign right to the use for the best interests of its residents of the moisture contained in the clouds and atmosphere within its sovereign state boundaries.
46-3A-3. Policy and purpose of regulation. It is hereby declared that weather modification techniques for precipitation management should be used to augment precipitation and decrease hailfall damage in South Dakota. The application of weather modification techniques shall be carried out under proper safeguards to supply sufficient data and accurate information in order to provide a net economic benefit and enhance knowledge concerning weather modification and to protect life, property and the public interest.
46-3A-4. Superseded.
46-3A-4.1. Commission abolished - Performance of functions. The weather modification commission is abolished. All functions exercised by the former weather modification commission are transferred to the water management board.
46-3A-5. Direction and supervision by department of water and natural resources - Independent functions of water management board. The weather modification activities of the water management board shall be administered under the direction and supervision of the department of water and natural resources and the secretary thereof, but the board shall retain the quasi-judicial, quasi-legislative, advisory, other nonadministrative and special budgetary functions (as defined in § 1-32-1) otherwise vested in it and shall exercise those functions independently of the secretary of water and natural resources. The board shall have the function of setting the terms of and approving the contracts with other units of government for the sharing of the costs of weather modification operations.
46-3A-6, 46-3A-7. Superseded.
46-3A-8. Appointment of organization to evaluate effect of operations - Employment of personnel. The department of water and natural resources, in order to carry into effect the provisions of this chapter, is authorized and empowered to appoint a qualified individual, organization or institution to evaluate and publish the effects of all operations conducted in the state, and employ such clerical help as necessary; and to employ a director and such other staff members for the water management board as are needed to carry out the intent of the chapter.
46-3A-9. Operations and research activities. The water management board shall carry on operations and research on a statewide basis, by its own staff, or by contract with approved cloud seeding organizations or in cooperation with other agencies as provided by law.
46-3A-10. Cooperation with federal government and other states. The department of water and natural resources shall cooperate with the federal government and its agents and contractors, and with other states, in the conduct of artificial weather modification operations.
46-3A-11. Utilization of technical resources of schools. In carrying out the purposes of this chapter, the department of water and natural resources shall utilize to the extent possible the facilities and technical resources of the public and private educational institutions of the state.
46-3A-12. Contracts and agreements of department - Acceptance of funds. The department of water and natural resources, in order to carry into effect the provisions of this chapter, is authorized and empowered to enter into any contracts or memoranda of agreement as are necessary; to accept funds from the state Legislature and from private and public sources, in carrying out the provisions of this chapter.
46-3A-13. Cooperation with counties - County participation. The department of water and natural resources may, at its discretion, cooperate with county programs of weather modification in carrying out the purposes of this chapter, and in addition to the powers of counties specified in § 10-12-18, counties may contribute to and participate in any weather modification program carried out by the state.
46-3A-14. Submission to voters of question whether county should participate in program. The board of county commissioners, before contributing to or participating in any weather modification program pursuant to § 46-3A-13, may submit the question of whether the county should participate in any operational weather modification program to the voters of the county at any primary, general or special election in accordance with all other election laws of this state.
46-3A-15. License and permit required to engage in weather modification - Violation of terms as misdemeanor. It is a Class 2 misdemeanor for any person to engage in activities for weather modification without a weather modification license and a weather modification permit issued by the water management board or in violation of any term or condition of the license or the permit except as the water management board shall provide by rules promulgated pursuant to chapter 1-26 and § 46-3A-16.
46-3A-16. Exemption of experimental and emergency activities. The water management board, to the extent it considers exemptions practical, shall provide for exempting laboratory research and experiments and activities of an emergency nature against fire, frost, sleet or fog from the license and permit requirements of this chapter.
46-3A-17. Issuance of license to competent applicant - Competence of organization - Application fee. The water management board, in accordance with its regulations, shall issue a weather modification license to each applicant who pays the license fee and who demonstrates, to the satisfaction of the water management board, competence in the field of meteorology which is reasonably necessary to engage in weather modification activities. If the applicant is an organization, the competence must be demonstrated by the individual or individuals who are to be in control and in charge of the operation for the applicant. Each application shall be accompanied by a fee of twenty-five dollars.
46-3A-18. Fee required on issuance or renewal of license - Disposition. Any person issued an original license or a renewal license under this chapter shall pay a fee of one hundred dollars. The money collected from such fees shall be deposited with the state treasurer in the environment and natural resources fee fund established pursuant to § 1-40-30.
46-3A-19. Expiration of licenses. Each original license or renewal license issued under this chapter shall expire on December thirty-first of the year for which it was issued.
46-3A-20. Issuance of renewal license. At the expiration of the license period, the water management board shall issue a renewal license to each applicant who pays the license fee and who has the qualifications necessary for issuance of an original license.
46-3A-21. Permits issued to licensees - Fee - Publication of notice of intention - Financial responsibility. The water management board, in accordance with this chapter and its rules, shall issue a weather modification permit to each applicant who holds a valid weather modification license, pays the permit fee, publishes such notice of intention as the water management board shall require by rule and submits proof of publication, and furnishes proof of financial responsibility.
46-3A-22. Means of proving financial responsibility. Proof of financial responsibility is made by showing, to the satisfaction of the water management board, that the licensee has the ability to respond in damages for liability which might reasonably result from the operation for which the permit is sought.
46-3A-23. Public hearing required before permit issued - Place of hearing. Before a permit may be issued, the water management board shall hold a public hearing on the proposed project. The hearing shall be held in a place within a reasonable proximity of the area expected to be affected by the proposed operation.
46-3A-24. Finding of public interest required. No permit may be issued unless the water management board determines, based on the information provided in the operational plan and on the testimony provided at the public hearing, that the proposed weather modification operation is in the public interest.
46-3A-25. Permit fee - Disposition. Any person issued a permit under this chapter shall pay a fee of one hundred dollars. The money collected from such fees shall be deposited with the state treasurer in the environment and natural resources fee fund established pursuant to § 1-40-30.
46-3A-26. Permit required for each operation - Maximum duration of permit. A separate permit is required for each operation. The water management board shall not issue a permit for operations in an area for a period to exceed one year.
46-3A-27. Suspension, revocation, or refusal to renew license or permit. The water management board may suspend or revoke a license or permit if it appears that the licensee no longer has the qualifications necessary for the issuance of an original license or permit or has violated any provision of this chapter. The water management board may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with any provision of this chapter.
46-3A-28. Modification of permit - Notice and hearing. The water management board may modify the terms and conditions of a permit if the licensee is first given notice and reasonable opportunity for a hearing on the need for a modification and it appears to the water management board that a modification is necessary to protect the health or property of any person.
46-3A-29. Rules governing weather modification establishing procedures of board. The water management board may promulgate rules, pursuant to chapter 1-26, governing the weather modification program, including procedures for licensing, acquiring permits, renewal of permits, permit waivers, revocation of licenses, conducting hearings, and submitting reports and records.
46-3A-30. Administration by department - Powers retained by water management board. The department of water and natural resources shall administer and enforce the provisions of this chapter, provided, however, that the water management board shall retain the authority and policy powers reserved to it by § 46-3A-5.
46-3A-31. Repealed.
